Opinion
February 25, 1993
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
Defendant is barred from seeking a judicial recommendation against deportation (JRAD) because of the retroactive repeal of JRAD legislation, which we have held constitutes neither a violation of the Ex Post Facto Clause nor a violation of due process of law (People v Cuello, 188 A.D.2d 428).
Defendant's argument that the motion court erred in failing to issue a full opinion denying the sentencing relief sought (erroneously brought under CPL 440.20) is rendered moot by the retroactive repeal of the JRAD legislation (supra). We note that under prevailing standards defendant received effective assistance of counsel at sentencing (People v Baldi, 54 N.Y.2d 137).
Concur — Murphy, P.J., Carro, Rosenberger and Asch, JJ.